Princípios sociais dos contratos: função social e boa-fé objetiva

Abstract

The present study it had as objective to briefly analyze the occured changes in the Civil law, stimulated for the phenomenon of the constitutional influence, which became necessary the new reading of the contractual right. The autonomy of the will, more is not had as north central principle of the contract, as it was in the Liberal State. With the birth of the Social State, fruit of great transformations ideological politics and, the social interests start to have a bigger relevance, leaving the contract of being a mere instrument of individual accomplishment of the contractors. The contract adopts a social function, that privileges the protection of the social values in relation to the mere patrimonial interests. Complementing this new optics, the principle of the objective good-faith was rank as one of the fundamental norms, reflecting a true socialization of the contractual, decurrent theory of the occured social changes, materialize the duties of equality and dignity constitutionally tutored people. To reach the considered objective, the dialectic method of boarding as well as the research method was used description-phenomena. It measures this, the research technique was eminently bibliographical.